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SWARANA KANTA SHARMA
Rajeev Jhawar – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
Swarana Kanta Sharma, J. - The present application has been preferred on behalf of the applicant Rajeev Jhawar under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') seeking quashing and setting aside of impugned order dated 02.02.2024 passed by the learned Special Judge, CBI-19 (PC Act), Rouse Avenue Courts, New Delhi (`Trial Court') in Complaint Case No. 08/2023, arising out of ECIR/DLZO-I/24/2022, titled as `Enforcement Directorate vs NMP Sinha and Ors.' issuing Non-Bailable Warrants (`NBW') against the petitioner and proceedings thereafter.
FACTUAL BACKGROUND
2. On 02.10.2020, the Central Bureau of Investigation (`CBI') had registered RC AC?020/A0004, at CBI/AC-I, New Delhi under Sections 7-A/8/9/10/12 of Prevention of Corruption Act, 1988 (`PC Act'). This was registered pursuant to receipt of an information that Sh. N.M.P. Sinha i.e. Ex. SP, CBI, New Delhi, in conspiracy with Sh. Vinay Jalan, Sh. Parth Jalan, Sh. Rajiv Jhawar (present applicant) i.e. M.D. of M/s. Usha Martin Ltd., Sh. Raj Kumar Kapoor i.e. Authorized Signatory of M/s. Usha Martin Ltd., and other unknown persons, was trying to influence the investigation of the case of CBI registered vide R
Repeated non-appearance of the accused, failure to obtain bail, and the legal provisions related to issuance of Non-Bailable Warrants were crucial in justifying the NBWs.
Judicial discretion under Section 205 Cr.P.C. allows personal appearance exemptions in summary proceedings, ensuring fair trial processes while accommodating the accused's circumstances.
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
Exemption from personal appearance – Discretion to dispense with personal appearance should be exercised in rare cases but still it would be allowed to those accused who could not come to court due t....
The judgment established that the issuance of a non-bailable warrant should follow proper procedure and judicial guidelines, including the recording of satisfaction by the court.
The severity of the crime and specific allegations against the accused influenced the court's decision to issue warrants at the first instance.
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